Federal Court agrees with veteran pension applicant that it was unreasonable for the pension appeal panel to consider his supporting physician’s opinion linking his injury to his armed forces services to be speculative and thus not credible. Panel’s decision was set aside and returned to a differently constituted panel for redetermination.

19. March 2019 0
Administrative law – Decisions reviewed – Veterans Review and Appeal Board – Pension Appeals Board – Disability – Eligibility – Judicial review – Appeals – Evidence – Standard of review – Reasonableness Crummey v. Canada (Attorney General), [2019] F.C.J. No. 54, 2019 FC 73, Federal Court (Halifax, Nova Scotia), January 18, 2019, R.F. Southcott J. The ...

The Court granted an application for judicial review of a decision of the Veterans Review and Appeal Board, which had declined, on reconsideration, not to re-open an appeal decision in respect of the Applicant’s application for a disability pension. The Court found that there were no facts to support the Board’s finding that the Applicant’s disability was connected to an old hockey injury, and that a finding that there was no “new evidence” was unreasonable.

23. March 2010 0
Administrative Law – Decisions of administrative tribunals – Veterans Review and Appeal Board – Disability – Pensions – Eligibility – Judicial review – Evidence – Fresh evidence – admissibility – Standard of review – Reasonableness simpliciter Armstrong v. Canada (Attorney General), [2010] F.C.J. No. 104, 2010 FC 91, Federal Court, January 27, 2010, Harrington J. ...

A World War II veteran who fell twice from a Bren gun carrier during active service (“Bremner”), succeeded on his application for judicial review of a decision of the Veterans Review and Appeal Board (the “Board”) which had determined that his degenerative disc disease and lower back pain was not attributable to his war service, and that he was not entitled to a pension in respect of that injury

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Veterans Review and Appeal Board – Pensions – Eligibility – Judicial review – Jurisdiction – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Bremner v. Canada (Attorney General), [2006] F.C.J. No 122, Federal Court, January 30, 2006, Strayer D.J. When Bremner enlisted, he reported no ...